US v. Brian Waddell

Filing 920090526

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7096

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BRIAN O'NEAL WADDELL, Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:02-cr-00034-RLV-5)

Submitted:

May 21, 2009

Decided:

May 26, 2009

Before MOTZ, TRAXLER, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Claire J. Rauscher, Executive Director, Tanzania Cannon-Eckerle, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North Carolina, Matthew R. Segal, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Asheville, North Carolina, for Appellant. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Brian O'Neal Waddell appeals the district court's

order denying his motion for reduction of sentence pursuant to 18 U.S.C. § 3582(c) (2006). find no reversible error. We have reviewed the record and Accordingly, we affirm. United

States v. Waddell, No. 5:02-cr-00034-RLV-5 (W.D.N.C. June 17, 2008). See United States v. Hood, 556 F.3d 226 (4th Cir. 2009). We dispense with contentions the court are and

We deny Waddell's motion to appoint counsel. oral argument because in the the facts and legal before

adequately

presented

materials

argument would not aid the decisional process. AFFIRMED

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